In Carrillo v. Empire Hotel Services LLC d/b/a Canopy by Hilton Jersey City Arts District et al, No. 2:22-CV-03273, 2023 WL 3993767 (D.N.J. June 14, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New…
Read More Sex-Based Hostile Work Environment Claim Survives DismissalIn Pianko v. General R.V. Center, Inc. et al, Case No. 20-cv-13371, 2023 WL 3938852 (E.D.Mich. June 9, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: A reasonable jury could find that Miller’s alleged conduct in the hotel room was subjectively and objectively…
Read More Hostile Work Environment Sexual Harassment Claim, Based on “After Hours” Conduct, Survives Summary JudgmentIn Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…
Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & WomenIn Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…
Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court HoldsIn Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…
Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary JudgmentIn Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…
Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court RulesIn Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…
Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently AllegedIn Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…
Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court HoldsIn Minckler v Sullivan County, No. 535390, 2023 N.Y. Slip Op. 02729, 2023 WL 3510841 (N.Y.A.D. 3d Dept. May 18, 2023), the court upheld a determination by the Sheriff of Sullivan County terminating the employment of the petitioner, a jail division deputy sheriff/sergeant due to alleged sexual harassment. From the decision: The disciplinary hearing consisted…
Read More Termination Justified by Violation of Sexual Harassment Policy, Court HoldsIn Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…
Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal